A BILL to amend and reenact §24A-1-3 of the Code of West Virginia,
1931, as amended, relating to allowing an exemption for
certain county or regional solid waste authority-designated
motor carriers of recyclable materials from the certificate of
convenience requirements; preserving the Public Service
Commission's jurisdiction over drivers and carriers for safety
and insurance purposes; removing the provision that these
carriers provide the recycling hauling service free of charge;
and requiring reporting to county solid waste authorities.

Be it enacted by the Legislature of West Virginia:

That §24A-1-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.

§24A-1-3. Exemptions from chapter.
The provisions of this chapter, except where specifically
otherwise provided, do not apply to:
(1) Motor vehicles operated exclusively in the transportation
of United States mail or in the transportation of newspapers:
Provided, That the vehicles and their operators are subject to the
safety rules promulgated by the Commission;
(2) Motor vehicles owned and operated by the United States of
America, the State of West Virginia or any county, municipality or
county board of education, urban mass transportation authority
established and maintained pursuant to article twenty-seven,
chapter eight of this code, or by any of their departments, and any
motor vehicles operated under a contract with a county board of
education exclusively for the transportation of children to and
from school or other legitimate transportation for the schools as
the Commission may specifically authorize;
(3) Motor vehicles used exclusively in the transportation of
agricultural or horticultural products, livestock, poultry and
dairy products from the farm or orchard on which they are raised or
produced to markets, processing plants, packing houses, canneries,
railway shipping points and cold storage plants, and in the
transportation of agricultural or horticultural supplies to farms
or orchards where they are to be used: Provided, That the vehicles
that are exempted by this subdivision and are also operated by
common carriers by motor vehicle or contract carriers by motor
vehicle, and their operators are subject to the safety and
insurance rules promulgated by the Commission;
(4) Motor vehicles used exclusively in the transportation of
human or animal excreta;
(5) Motor vehicles used exclusively in ambulance service or
duly chartered rescue squad service;
(6) Motor vehicles used exclusively for volunteer fire
department service;
(7) Motor vehicles used exclusively in the transportation of
coal from mining operations to loading facilities for further
shipment by rail or water carriers: Provided, That the vehicles
and their operators are subject to the safety rules promulgated by
the Commission and the vehicles that are exempted by this
subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle, and their operators
are subject to the insurance rules promulgated by the Commission;
(8) Motor vehicles used by petroleum commission agents and oil
distributors solely for the transportation of petroleum products
and related automotive products when the transportation is
incidental to the business of selling the products: Provided, That
the vehicles and their operators are subject to the safety rules
promulgated by the Commission and the vehicles that are exempted by
this subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle, and their operators
are subject to the insurance rules promulgated by the Commission;
(9) Motor vehicles owned, leased by or leased to any person and used exclusively for the transportation of processed
source-separated recycled materials, generated by commercial,
institutional and industrial customers, transported free of charge
from the customers to a facility for further processing: Provided,
That the vehicles and their operators shall be subject to the
safety rules promulgated by the Commission and the vehicles that
are exempted by this subdivision and are also operated by common
carriers by motor vehicle or contract carriers by motor vehicle,
and their operators are subject to the insurance rules promulgated
by the Commission;
(10) Motor vehicles specifically preempted from state economic
regulation of intrastate motor carrier operations by the provisions
of 49 U.S.C. §14501 as amended by title I, section 103 of the
federal "Interstate Commerce Commission Termination Act of 1995":
Provided, That the vehicles and their operators are subject to the
safety regulations promulgated by the Commission and the vehicles
that are exempted by this subdivision and are also operated by
common carriers by motor vehicle or contract carriers by motor
vehicle, and their operators are subject to the insurance rules
promulgated by the Commission;
(11) Motor vehicles designated by the West Virginia Bureau of
Senior Services for use and operation by local county aging
programs: Provided, That the vehicles and their operators are
subject to the safety rules promulgated by the Commission;
(12) Motor vehicles designated by the West Virginia Division
of Public Transit operated by organizations that receive federal
grants from the federal transit administration: Provided, That the
vehicles and their operators are subject to the safety and
insurance rules promulgated by the Commission.A county or regional solid waste authority may designate motor
vehicles for exemption and they shall be exempt from the provisions
of the certificate of convenience and necessity when used for the
transportation of recyclable materials generated by commercial,
residential, construction, institutional or industrial customers
and transported from the generator's location to a recycling or
composting operation for further processing: Provided That:
(a) The recyclable content of the hauling container of the
motor vehicle equals or exceeds seventy percent recyclable material
by weight; and is reported to the county or regional solid waste
authority annually; and
(b) The motor vehicles and the operators of the motor vehicles
are subject to the safety and insurance rules of the Public Service
Commission; and
(c) The recyclable material is generated in a county which has
in effect and is operating under a countywide comprehensive land
use plan; and
(d) The recyclable material is generated in a county in which
the county or regional solid waste authority has in effect and is operating a drop-off or curbside recycling program available to all
county residents; and
(e) The population has increased by fifteen percent or more as
determined by the Bureau of the Census of the United States
Department of Commerce during the taking of the two thousand census
of population.

NOTE: The purpose of this bill is to provide that County and
Regional Solid Waste Authorities may designate certain common
carriers of recyclable materials to be exempt from certificate of
convenience requirements.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.